Rebuilding and Adjusting the Legal Framework in the Convergence Era: Regulatory Reform for Interactive Television services

• Main Authors: Wei-Ke, Chien, 簡維克
• Other Authors: shin-yi, Peng
• Format: Others
• Language: zh-TW
• Published: 2003
• Online Access: http://ndltd.ncl.edu.tw/handle/42461336785579148602

碩士 === 國立清華大學 === 科技法律研究所 === 91 === Interactive Television (ITV) is a kind of service that supports subscriber-initiated choices or actions that are related to one or more video programming streams. From the viewpoint of "functional equivalency" approach, ITV services actually combine the essences of broadcasting (includes cable television) and telecommunications. But in Taiwan, the government has still retained the two regulatory schemes for telecom and broadcasting. The regulatory frameworks for these industries remain distinct and separate with telecom governed by the Directorate General of Telecommunications (DGT) and broadcasting by Government Information Office (GIO). So when Chunghua Telecom Co. offers the new service called "MOD" (Multimedia on Demand), it causes many complaints from cable operators, since MOD service is defined by DGT a kind of "telecommunication service", and thus is not bound by the Cable Television Act. This article is concerned about the regulation of ITV services in Taiwan, from the dispute between Chunghua Telecom Co. and other cable operators, analyzing the nature of ITV services through the essence of traditional Broadcasting Act and Telecommunication Act first. The issue here is whether ITV services are distinct from the classifications identified above and should more appropriately be treated as a hybrid service subject to multiple provisions of the Act. In the next step, the author uses "functional equivalency" approach, trying to build a preliminary regulatory principle of ITV services to accord with the current regulatory frameworks. However, within ITV services, there are still some unique issues that are not involved in the current regulatory frameworks, especially in the issues of competition, must-carry principle and domestic culture protection. Some of these issues may also need the new act to deal with. In 1997, EU commission had delivered "Green Paper on the Convergence of the Telecommunications, Media and Information Technology Sectors, and the Implications for Regulation" (thereinafter Green Paper). In this Green Paper, there are three regulatory models to adjust (or rebuild) the current regulatory frameworks. Finally, the author examines which the best regulation mode is in the Green Paper as its possible application in Taiwan''s emerging ITV services.